DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
2. This is an office action in response to Applicant's arguments and remarks filed on 01/16/2026. Claims 1-3, 7-16, 18, and 20-25 are pending in the application and are being examined herein.
Status of Objections and Rejections
3. All rejections from the previous office action are withdrawn in view of Applicant's amendment.
New grounds of rejection under 35 U.S.C. 103 are necessitated by the amendments.
Response to Arguments
4. In the arguments presented on p.10-11 and 13 of the amendment, the Applicant argues that the limitation of “wherein each of the plurality of projections comprises a hollow cavity” is not taught by the Kim reference. Specifically, the feature of the projections extending from a side of the flexible substrate (i.e., protruding outwardly from the flexible substrate) is not taught with Examiner’s mapping of Kim’s convex lens units.
Applicant's arguments have been fully considered but they are not persuasive. Although it is true that Kim’s convex lens units themselves are not physical hollow cavities, the implementation of these convex lens units requires a hollow cavity (C1-4, Fig. 1-2 and 4) to Kim’s UV apparatus. The cavities themselves are shaped in a parabolic nature in order to reflect incident light in the direction of the convex lens units (p.5, 3rd paragraph of English translation). Rather, the reference does not teach just the convex lens units, but the units working in conjunction with the UV light source and the hollow cavities to provide a collective benefit of condensing the UV light distribution to a set angle (Kim, p.6, 1st paragraph of English translation) and thus optimizing the amount of radiation for a given sterilization area (Kim, p.7, 2nd paragraph and p.9, 3rd paragraph of English translation).
Assuming arguendo as to how this feature would be implemented onto the Russell/Ferolito combination, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
In the arguments presented on p.10, 12, and 13-14 of the amendment, the Applicant argues that Russell’s cooling channels mapped as the heat conductive layer is incorrect/improper.
Applicant's arguments have been fully considered but they are not persuasive. In the prior office action, the heat conductive layer was not mapped to the cooling channels, but rather the secondary spacers (90, Fig. 6-7).
Regarding the hindsight argument on p.14-15 of the amendment, this argument is not persuasive.
Combining the IR feature of Ferolito to Russell is feasible, because Russell teaches cooling channels (80, Fig. 6) that provide a method to counter the increased temperatures generated by the UV and the IR light sources.
In the context of the hindsight argument with the convex lens unit feature in secondary reference Kim, the motivation for modifying the Russell/Ferolito combination would have to be similar (if not identical) to the motivation the Applicant is utilizing for the hollow-cavity projections in order for a hindsight argument to even be considered (because both the Russell/Ferolito combination and Kim are directed to flexible substrates having LEDs emitting therapeutic/disinfecting wavelengths). The Applicant is utilizing the hollow cavity projections to “maintain a consistent distance between the array of LEDs and a surface to be disinfected” which is not what the prior office action uses as the rationale for modification (see above).
Claim Rejections - 35 USC § 112
5. The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
6. Claims 1-3, 7-13, and 21 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Support for the limitation of “wherein the processor controls the output of radiation from the array of LEDs based on the consistent distance between the array of LEDs and a surface to be disinfected” in claims 1 and 21 is not found in the drawings or specification. Although the application recites maintaining a consistent distance from the surface to be disinfected via the plurality of projections, there is no mention of how the processor takes this value of a consistent distance to subsequently control the array of LEDs. Amendment of the claims is requested.
Claims 2-3 and 7-13 are rejected due to a dependency basis from claim 1.
7. The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
8. Claim 18 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 14 recites that “the plurality of projections comprises a hollow cavity”, which is more limiting than the dependent claim 18 limitation of “the plurality of projections comprises a cavity”. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 103
9. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
10. Claims 1-3, 7, and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Russell (US 6290713 B1, cited in prior office action), further in view of Ferolito (US 20160129279 A1, cited in prior office action), further in view of Kim (KR 20200090068 A, cited in prior office action), further in view of Quilici (US 20190022263 A1).
Regarding claim 1, Russell teaches a decontamination apparatus (illuminator 30, Fig. 2), comprising: a flexible substrate (the illuminator has a substrate having at least one electrically-powered light-generating source thereon… The preferred embodiment is a flexible substrate”, col. 7, lines 55-63, see drawing below);
PNG
media_image1.png
222
747
media_image1.png
Greyscale
having a first side facing a first direction (front surface 71, Fig. 6, to which hereinafter “FIGS. 6-7 illustrate the internal construction of an exemplary illuminator similar to that shown in FIG. 2”, col. 12, lines 35-36) and a second side facing a second direction opposite the first direction (back cover 96, Fig. 7);
an array of LEDs arranged on the first side of the flexible substrate (array of light sources 76 on layer 84, Fig. 6, where “The light-generating source preferably is a light-emitting diode (LED)”, col. 9, line 11), the array of LEDs being configured to output radiation in at least two separate wavelength ranges (“The light-generating sources may be multicolored LEDs, or a combination of multiple colored LEDs, a combination of different LEDs, or arrangement of the same type of LEDs, depending on the desired color, distribution or pattern”, col. 9, lines 14-18), one of the wavelength ranges corresponding to an ultraviolet radiation range (“The treatment of other conditions may require different colored LEDs… psoriasis may be treated by ultraviolet LEDs”, col. 9, line 25),
a processor operationally coupled to the array of LEDs and configured to control the output of radiation therefrom (control assembly 49 providing electricity to illuminator 44 through power conduit 51, Fig. 3 and 3A, to which “In FIG. 3, an illuminator 44 similar to that shown in FIG. 2 is wrapped completely around the abdomen of an infant patient”, col. 11, lines 46-49); and
a flexible cover layer arranged to encase the array of LEDs on the first side (front cover layer 72, Fig. 6), the flexible cover layer being transparent to the radiation in the at least two separate wavelength ranges (“A flexible, polymer layer covers the light-generating source, the layer permitting light energy to penetrate therethrough and being adapted to substantially conform, or structured to be capable of substantially conforming, to a portion of the skin of the patient. The layer is desirably a material chosen from the group consisting of silicone, urethane, and polyurethane, preferably transparent or translucent silicone”, col. 6, lines 4-11);
wherein the flexible substrate includes a reflective layer arranged to reflect the radiation output from the array of LEDs such that the radiation is output in the first direction and is inhibited from being output in the second direction (reflector 85, Fig. 7, see col. 8, 2nd paragraph), and wherein the flexible substrate includes a heat conductive layer to conduct heat generated by the array of LEDs in the first direction (secondary spacers 90, Fig. 6-7 and col. 13, lines 39-47, where “the secondary spacer 90 is preferably made out of a highly conductive material”, and the limitation of “in order to provide a consistent temperature across the decontamination apparatus” is directed to the function of the heat conducting layer; thus, a highly conductive material being the secondary spacer would be capable of distributing the temperature evenly across the device of Russell).
Hereinafter, regarding the limitation of a “decontamination apparatus”, the limitation is directed to the function of the apparatus and/or the manner of operating the apparatus. All the structural limitations of the claim has been disclosed by Russell and the apparatus of Russell is capable of being used as a decontamination apparatus. As such, it is deemed that the claimed apparatus is not differentiated from the applicant’s invention (see MPEP §2111.02). NOTE: this is a recitation of intended use, and so long as the prior art structure reads on the instant claimed structure, this limitation would be met because the same structure would be capable of the same function; in this case, Russell teaches the ultraviolet wavelength range that the LEDs can be configured to emit, “the treatment of other conditions may require different colored LEDs… psoriasis may be treated by ultraviolet LEDs”, col. 9, line 25”, which is a form of a germicidal wavelength.
Russell does teach the light sources to be able to emit UV wavelengths and other wavelengths, but fails to explicitly mention an infrared radiation range.
Ferolito teaches a wearable therapeutic light source (title) similar to that of Russell, having a flexible substrate (4100, Fig. 25), with LEDs capable of emitting UV or infrared wavelengths (LEDs 4101, Fig. 25, see claims 7-8) for the purpose of “providing therapeutic UV exposure at wavelengths associated with Vitamin-D synthesis in humans” ([0086]) and “at other wavelengths specifically targeting different conditions or biomarkers, for example IR exposure for the production of nitric oxide”.
Russell and Ferolito are both considered to be analogous to the claimed invention because they are in the same field of flexible substrates having LEDs emitting therapeutic/disinfecting wavelengths.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the LEDs on the flexible substrate of Russell by incorporating an infrared radiation emission range as taught by Ferolito in order to target different conditions or biomarkers as well as the therapeutic effects of wavelengths at UV ranges (Ferolito, [0086]).
The Russell/Ferolito combination teaches a flexible substrate (Russell, substrate 84, Fig. 6-7) having LEDs (Russell, light source 76, Fig. 6-7), covered by a flexible cover layer (Russell, covering 72, Fig. 6-7), but fails to teach a plurality of projections extending from the first side from the cover layer, the plurality of projections configured to maintain a consistent distance between the array of LEDs and a surface to be disinfected, wherein each of the plurality of projections comprises a hollow cavity.
Kim teaches a flexible UV irradiation unit (300, Fig. 1-2 and 4) having a flexible substrate (substrate 201, Fig. 1-2 and 4, where “The substrate 201 may be… a flexible substrate, see p.3, 2nd paragraph of English translation), LEDs housed on the substrate (UV light emitting elements 101, 102, 103, and 104, Fig. 4), with a cover layer (translucent layer 370, Fig. 4) and cavities (C1-4, Fig. 4), thus a “plurality of projections extending from the first side” (convex lens units P1-4 and cavities C1-4 extending from the substrate 201, Fig. 4), configured to maintain a consistent distance between the array of LEDs and a surface to be disinfected (the convex dome-like structure of lens units P1-4 fully has the capability to achieve the functional language of maintaining a consistent distance between the array of LEDs and a surface as the structural limitations are met, see MPEP §2114, II), wherein each of the plurality of projections comprises a hollow cavity (where inner surface 304 defining the cavities are parabolic shaped to reflect incident light in the direction of the convex lens units, p.5, 3rd paragraph of English translation). The motivation of the convex optical dome/cavity assembly is to condense the UV light distribution to a set angle (p.6, 1st paragraph of English translation) and thus optimize the amount of radiation for a given sterilization area (p.7, 2nd paragraph and p.9, 3rd paragraph of English translation).
The Russell/Ferolito combination and Kim are both considered to be analogous to the claimed invention because they are in the same field of flexible substrates having LEDs emitting therapeutic/disinfecting wavelengths.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flexible cover layer of the Russell/Ferolito combination by incorporating a convex lens unit and hollow cavity feature on the cover layer for each of the plurality of the LEDs as taught by Kim in order to condense the UV light distribution to a set angle (Kim, p.6, 1st paragraph of English translation) and thus optimize the amount of radiation for a given sterilization area (Kim, p.7, 2nd paragraph and p.9, 3rd paragraph of English translation).
The Russell/Ferolito/Kim combination teaches a processor (control assembly 49 providing electricity to illuminator 44 through power conduit 51, Fig. 3 and 3A, to which “In FIG. 3, an illuminator 44 similar to that shown in FIG. 2 is wrapped completely around the abdomen of an infant patient”, col. 11, lines 46-49), but fails to teach wherein the processor controls the output of radiation from the array of LEDs based on the consistent distance between the array of LEDs and a surface to be disinfected.
Quilici teaches a UV luminaire apparatus (100, Fig. 1, via UV LEDs 110, [0005]) having a processor (102, Fig. 1) responsive to inputs from a distance sensor (106, Fig. 1) in order to “calculate and set the radiance level of the disinfecting light source” and thus “achieve a predetermined irradiance of a target surface” ([0019]).
The Russell/Ferolito/Kim combination and UV apparatuses utilizing processors to control radiation output of the LEDs.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the processor of the Russell/Ferolito/Kim combination by incorporating a distance sensor in communication to the processor as taught by Quilici in order to “calculate and set the radiance level of the disinfecting light source” and thus “achieve a predetermined irradiance of a target surface” (Quilici, [0019]).
Regarding claim 2, modified Russell teaches wherein the flexible substrate includes a textile layer (illuminator 30 of Fig. 2 has a substrate layer 84 with front surface 71 and back cover 96 in Fig. 7, where “The flexible substrate may be coated, cast, deposited, or otherwise adhered to the conductive tracing”, col. 8, lines 35-36, to which “Polymer thick films including one or more finely divided conductive materials like silver, nickel, or carbon in a polymer binder like polyester, epoxy, acrylic, or vinyl also may be used”, col. 8, lines 52-55, implying that materials such as polyester or vinyl can be used as part of the substrate film), the array of LEDs being arranged between the textile layer and the reflective layer (light source 76 is arranged in the aperture between reflector 85 and substrate layer 84, Fig. 7). Hereinafter the limitation of “textile” will be defined as a flat layer “having anti-microbial properties, such as linen, merino wool, hemp, polyester, polyester-vinyl composites, vinyl, or any other suitable material” (applicant’s specification [0039]).
Regarding claim 3, modified Russell teaches wherein the reflective layer defines a plurality of apertures (reflector 85 has slots/apertures to which the light sources 76 are placed in shown by the LED 76 located within the break/perforation (i.e. aperture)., Fig. 7), each of the LEDs in the array of LEDs being arranged within one of the plurality of apertures (light source 76 is arranged in the aperture from reflector 85, Fig. 7).
Regarding claim 7, modified Russell, within the embodiment of Fig. 2-3A and 6-7, fails to teach a temperature sensor arranged on the flexible substrate and operationally coupled to the processor, wherein the processor controls the output of radiation based on a temperature signal received from the temperature sensor.
Fig. 9 teaches a temperature sensor arranged on the flexible substrate and operationally coupled to the processor (temperature sensor 139 on substrate of Fig. 9, coupled to processor/control system 49 of Fig. 3A, where “FIG. 9 is a plan view of a substrate and electronic connections for a plurality of light-generating sources used in an exemplary illuminator of the present invention”, col. 7, lines 1-3), wherein the processor controls the output of radiation based on a temperature signal received from the temperature sensor (“This positioning provides feedback to a control system, such as the control assembly 49 seen in FIG. 3A, regarding the skin contact surface temperature of the illuminator. If the skin contact surface temperature exceeds a predetermined value, such as for example about 110.degree. F., the control system can either shut off power to the light-generating sources and/or increase the cooling flow if an active cooling system is used”, col. 15, lines 21-28). Russell states that the cooling means are to “maintain the exterior surface below a predetermined temperature” (col. 4, lines 40-42).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flexible substrate of modified Russell by incorporating a temperature sensor as taught by another embodiment (Fig. 9) of modified Russell in order to “maintain the exterior surface below a predetermined temperature” (col. 4, lines 40-42).
Regarding claim 11, modified Russell teaches a processor (control system 49, Fig. 3A) that controls the light sources (control assembly 49 provides electricity to illuminator 44 having light sources 76 through power conduit 51, Fig. 3 and 3A) but fails to explicitly mention wherein the processor controls the output of radiation by sequentially outputting radiation in the at least two separate wavelength ranges.
Ferolito teaches LEDs capable of emitting UV or infrared wavelengths (LEDs 4101, Fig. 25, see claims 7-8) for the purpose of “providing therapeutic UV exposure at wavelengths associated with Vitamin-D synthesis in humans” ([0086]) and “at other wavelengths specifically targeting different conditions or biomarkers, for example IR exposure for the production of nitric oxide”. Ferolito further discloses in which “furthermore, in embodiments wherein the light source may comprise a multiplicity of light sources emitting light at a corresponding multiplicity of different wavelengths. Furthermore, in embodiments wherein the controller may have independent control of each of the multiplicity of light sources. Furthermore, in embodiments wherein the light source may comprise a first light source emitting light at first wavelengths and a second light source emitting light at second wavelengths, wherein the first wavelengths and the second wavelengths are different; in embodiments wherein the controller may have independent control of the first light source and the second light source; in embodiments wherein the first light source may comprise a multiplicity of LEDs” ([0097]).
Modified Russell and Ferolito are both considered to be analogous to the claimed invention because they are in the same field of flexible substrates having LEDs emitting therapeutic/disinfecting wavelengths.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the LEDs on the flexible substrate and the processor of Russell by incorporating a sequential emission of the two wavelength ranges function via the processor as taught by Ferolito in order to target different conditions or biomarkers as well as the therapeutic effects of wavelengths at UV ranges (Ferolito, [0086]).
Regarding claim 12, modified Russell teaches a processor (control system 49, Fig. 3A) that controls the light sources (control assembly 49 provides electricity to illuminator 44 having light sources 76 through power conduit 51, Fig. 3 and 3A) but fails to explicitly mention wherein the processor controls the output of radiation by simultaneously outputting radiation in the at least two separate wavelength ranges.
Ferolito further teaches LEDs capable of emitting UV or infrared wavelengths (LEDs 4101, Fig. 25, see claims 7-8) for the purpose of “providing therapeutic UV exposure at wavelengths associated with Vitamin-D synthesis in humans” ([0086]) and “at other wavelengths specifically targeting different conditions or biomarkers, for example IR exposure for the production of nitric oxide”. Ferolito further discloses in which “furthermore, in embodiments wherein the light source may comprise a multiplicity of light sources emitting light at a corresponding multiplicity of different wavelengths. Furthermore, in embodiments wherein the controller may have independent control of each of the multiplicity of light sources. Furthermore, in embodiments wherein the light source may comprise a first light source emitting light at first wavelengths and a second light source emitting light at second wavelengths, wherein the first wavelengths and the second wavelengths are different; in embodiments wherein the controller may have independent control of the first light source and the second light source; in embodiments wherein the first light source may comprise a multiplicity of LEDs” ([0097]).
Modified Russell and Ferolito are both considered to be analogous to the claimed invention because they are in the same field of flexible substrates having LEDs emitting therapeutic/disinfecting wavelengths.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the LEDs on the flexible substrate of Russell by incorporating a simultaneous emission of the two wavelength ranges function via the processor as taught by Ferolito in order to target different conditions or biomarkers as well as the therapeutic effects of wavelengths at UV ranges (Ferolito, [0086]).
Regarding claim 13, the Russell/Ferolito/Kim combination teaches the light sources to be able to emit UV and infrared wavelengths (see claim 1 rejection above, and “Russell et al., found that a combination red and near infrared LED therapy (633 nm and 830 nm wavelengths) resulted in significant improvements in facial wrinkles in human subjects after 9 and 12 weeks of therapy”, Ferolito, [0091]), but fails to explicitly mention wherein one of the at least two separate wavelength ranges corresponds to a 200-280 nanometer wavelength range.
Kim further teaches a flexible UV irradiation unit (300, Fig. 1-2 and 4) having a flexible substrate (substrate 201, Fig. 1-2 and 4, where “The substrate 201 may be… a flexible substrate, see p.3, 2nd paragraph of English translation), having UV LEDs with a 200-280 nm range (UV light emitting elements 101, 102, 103, and 104, Fig. 4 and see p.3, 2nd paragraph of English translation).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the LEDs placed on the substrate of the Russell/Ferolito/Kim combination by further incorporating a UV range of 200-280 nm as taught by Kim in order to provide a sterilizing function (Kim, p.3, 1st paragraph of English translation).
11. Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Russell (US 6290713 B1), further in view of Ferolito (US 20160129279 A1), further in view of Kim (KR 20200090068 A), further in view of Quilici (US 20190022263 A1), as applied to claim 1 above, further in view of Bettles et al. (US 20140128942 A1, cited in prior office action).
Regarding claim 8, the Russell/Ferolito/Kim/Quilici combination teaches a flexible substrate (Russell, Fig. 6-7, see claim 1 drawing above);
with LEDs (Russell, light sources 76, Fig. 6-7) controlled by a processor (Russell, control system 49, Fig. 3A), but fails to teach a proximity sensor operationally coupled to the processor, wherein the processor deactivates the array of LEDs to stop the output of radiation when the proximity sensor detects a user within a proximity of the proximity sensor.
Bettles teaches a flexible UV device (Fig. 2), having a flexible substrate (2, Fig. 2), LEDs (UV radiation sources 18, Fig. 2, where “the ultraviolet radiation source 18 can include a high intensity ultraviolet lamp (e.g., a high intensity mercury lamp), an ultraviolet light emitting diode (LED)”, [0027]), and a processing unit (control system 16, Fig. 6, where Fig. 6 is a block diagram for the flexible substrate having a UV system). Bettles further teaches a sensing device (sensing device 38, Fig. 6, where “A sensing device 38 can include a sensor and/or a switch 38 to sense that an opening of the enclosure 14 is physically closed before the monitoring and/or control system 16 turns on the ultraviolet radiation source(s) 18.
Furthermore, the sensing device 38 can sense that biological activity is present within the enclosure 14 before the monitoring and/or control system 16 turns on the ultraviolet radiation source(s) 18”, [0042]) on the flexible substrate (2, Fig. 2) in order to “avoid harming the user” ([0035]).
The Russell/Ferolito/Kim/Quilici combination and Bettles are both considered to be analogous to the claimed invention because they are in the same field of flexible substrates having LEDs emitting therapeutic/disinfecting wavelengths.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flexible substrate of the Russell/Ferolito/Kim/Quilici combination by incorporating a sensing device such as a proximity sensor as taught by Bettles in order to check to see if the user is not near or in the enclosure (Bettles, [0042]) and to avoid harming the user (Bettles, [0035]).
Regarding claim 9, the Russell/Ferolito/Kim/Quilici combination teaches a flexible substrate (Russell, Fig. 6-7, see claim 1 drawing above);
with LEDs (Russell, light sources 76, Fig. 6-7) controlled by a processor (Russell, control system 49, Fig. 3A), but fails to teach an image sensor operationally coupled to the processor, wherein the processor determines a type of a surface to be disinfected based on an image signal received from the image sensor.
Bettles teaches a flexible UV device (Fig. 2), having a flexible substrate (2, Fig. 2), LEDs (UV radiation sources 18, Fig. 2, where “the ultraviolet radiation source 18 can include a high intensity ultraviolet lamp (e.g., a high intensity mercury lamp), an ultraviolet light emitting diode (LED)”, [0027]), and a processing unit (control system 16, Fig. 6, where Fig. 6 is a block diagram for the flexible substrate having a UV system). Bettles further teaches an image sensor operationally coupled to the processor (sensing devices 38 coupled to control system 16, Fig. 6), wherein the processor determines a type of a surface to be disinfected based on an image signal received from the image sensor (“the sensing devices 38 include at least one of a visual camera or a chemical sensor… For example, when the monitoring and/or control system 16 is operating the ultraviolet radiation source 18, a visual camera and/or a chemical sensor 38 monitoring an interior of the enclosure 14 may be operated to detect the presence of microorganisms. In a specific embodiment, the visual camera 38 comprises a fluorescent optical camera that can detect bacteria and/or viruses that become fluorescent under ultraviolet radiation”, [0044] and Fig. 6) on the flexible substrate (2, Fig. 2) in order to detect the presence of microorganisms, specifically pathogens fluorescing under UV radiation from light sources (18, Fig. 2, see [0044]).
The Russell/Ferolito/Kim/Quilici combination and Bettles are both considered to be analogous to the claimed invention because they are in the same field of flexible substrates having LEDs emitting therapeutic/disinfecting wavelengths.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flexible substrate of the Russell/Ferolito/Kim/Quilici combination by incorporating a sensing device such as an image sensor (i.e., visual camera) as taught by Bettles in order to check to see if the object/surface being disinfected contains microorganisms (Bettles, [0044]).
Regarding claim 10, the Russell/Ferolito/Kim/Quilici combination teaches a flexible substrate (Russell, substrate as shown in claim 1 rejection drawing above, Fig. 6-7);
with LEDs (Russell, light sources 76, Fig. 6-7) controlled by a processor (Russell, control system 49, Fig. 3A), but fails to teach an image sensor operationally coupled to the processor, wherein the processor: (i) determines a type of pathogen on a surface to be disinfected based on an image signal received from the image sensor, and (ii) controls the output of radiation based on the determined type of pathogen.
Bettles teaches a flexible UV device (Fig. 2), having a flexible substrate (2, Fig. 2), LEDs (UV radiation sources 18, Fig. 2, where “the ultraviolet radiation source 18 can include a high intensity ultraviolet lamp (e.g., a high intensity mercury lamp), an ultraviolet light emitting diode (LED)”, [0027]), and a processing unit (control system 16, Fig. 6, where Fig. 6 is a block diagram for the flexible substrate having a UV system). Bettles further teaches an image sensor operationally coupled to the processor (sensing devices 38 coupled to control system 16, Fig. 6), wherein the processor:
(i) determines a type of pathogen on a surface to be disinfected based on an image signal received from the image sensor (“the sensing devices 38 include at least one of a visual camera or a chemical sensor… For example, when the monitoring and/or control system 16 is operating the ultraviolet radiation source 18, a visual camera and/or a chemical sensor 38 monitoring an interior of the enclosure 14 may be operated to detect the presence of microorganisms. In a specific embodiment, the visual camera 38 comprises a fluorescent optical camera that can detect bacteria and/or viruses that become fluorescent under ultraviolet radiation”, [0044] and Fig. 6, where fluorescing pathogens are a type of pathogen), and
(ii) controls the output of radiation based on the determined type of pathogen in order to detect the presence of microorganisms (“the sensing devices 38 can sense locations of higher levels of biological activity on specific items 8 within the enclosure 14, and the ultraviolet radiation source 18 can be configured by the monitoring and/or control system 16 to direct higher doses (by increasing intensity or exposure), [0045] and Fig. 6), specifically pathogens fluorescing under UV radiation from light sources (18, Fig. 2, see [0044]).
The Russell/Ferolito/Kim/Quilici combination and Bettles are both considered to be analogous to the claimed invention because they are in the same field of flexible substrates having LEDs emitting therapeutic/disinfecting wavelengths.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flexible substrate of the Russell/Ferolito/Kim/Quilici combination by incorporating a sensing device such as an image sensor (i.e., fluorescent optical camera) as taught by Bettles in order to check to see if the object/surface being disinfected contains fluorescing microorganisms (from UV radiation) and adjust the light sources accordingly (Bettles, [0044-0046]).
12. Claims 14, 18, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Russell (US 6290713 B1), further in view of Ferolito (US 20160129279 A1), further in view of Kim (KR 20200090068 A).
Regarding claim 14, Russell teaches a decontamination apparatus (illuminator 30, Fig. 2), comprising: a flexible textile having a first side facing a first direction and a second side facing a second direction opposite the first direction (illuminator 30 of Fig. 2 has a substrate layer 84, where “The flexible substrate may be coated, cast, deposited, or otherwise adhered to the conductive tracing”, col. 8, lines 35-36, to which “Polymer thick films including one or more finely divided conductive materials like silver, nickel, or carbon in a polymer binder like polyester, epoxy, acrylic, or vinyl also may be used”, col. 8, lines 52-55, implying that materials such as polyester or vinyl can be used as part of the substrate film, see drawing below);
PNG
media_image2.png
222
749
media_image2.png
Greyscale
an array of LEDs configured to output radiation in at least two separate wavelength ranges (array of light sources 76 on substrate layer 84, Fig. 6, where “The light-generating source preferably is a light-emitting diode (LED)”, col. 9, line 11, and “The light-generating sources may be multicolored LEDs, or a combination of multiple colored LEDs, a combination of different LEDs, or arrangement of the same type of LEDs, depending on the desired color, distribution or pattern”, col. 9, lines 14-18), one of the wavelength ranges corresponding to an ultraviolet radiation range (“The treatment of other conditions may require different colored LEDs… psoriasis may be treated by ultraviolet LEDs”, col. 9, line 25), the array of LEDs coupled to the textile such that the radiation is output in the first direction and is inhibited from being output in the second direction (reflector 85, Fig. 6 where “The flexible substrate may comprise a reflector on the side facing the contact surface for directing light from the light-generating sources toward the contact surface”, col. 12, lines 61-63); and
a flexible cover layer covering the array of LEDs (front cover layer 72, Fig. 6), the flexible cover layer being transparent to at least the radiation in the ultraviolet radiation range (“A flexible, polymer layer covers the light-generating source, the layer permitting light energy to penetrate therethrough and being adapted to substantially conform, or structured to be capable of substantially conforming, to a portion of the skin of the patient. The layer is desirably a material chosen from the group consisting of silicone, urethane, and polyurethane, preferably transparent or translucent silicone”, col. 6, lines 4-11), wherein the flexible cover layer comprises a plurality of projections configured to maintain a consistent distance between the array of LEDs and a surface to be disinfected (spacers 78 in conjunction with cover layer 72 being a projection from light source 76 to maintain the distance at which light sources 76 emit light to surface being disinfected, Fig. 7),
wherein the flexible textile, the array of LEDs, and the flexible cover layer are coupled together to form a flexible blanket that conforms to a contour of the surface to be disinfected (“the illuminator can be formed into a belt, a wrap, a cushion or pillow, a collar, a blanket, a strap, a vest, or any other desired shape”, col. 12, lines 31-32),
wherein the flexible blanket further comprises a heat conductive layer to conduct heat generated by the array of LEDs in the first direction (secondary spacers 90, Fig. 6-7 and col. 13, lines 39-47, where “the secondary spacer 90 is preferably made out of a highly conductive material”, and the limitation of “in order to provide a consistent temperature across the decontamination apparatus” is directed to the function of the heat conducting layer; thus, a highly conductive material being the secondary spacer would be capable of distributing the temperature evenly across the device of Russell).
Russell does teach the light sources to be able to emit UV wavelengths, but fails to explicitly mention an infrared radiation range.
Ferolito teaches a wearable therapeutic light source (title) similar to that of Russell, having a flexible substrate (4100, Fig. 25), with LEDs capable of emitting UV or infrared wavelengths (LEDs 4101, Fig. 25, see claims 7-8) for the purpose of “providing therapeutic UV exposure at wavelengths associated with Vitamin-D synthesis in humans” ([0086]) and “at other wavelengths specifically targeting different conditions or biomarkers, for example IR exposure for the production of nitric oxide”.
Russell and Ferolito are both considered to be analogous to the claimed invention because they are in the same field of flexible substrates having LEDs emitting therapeutic/disinfecting wavelengths.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the LEDs on the flexible substrate of Russell by incorporating an infrared radiation emission range as taught by Ferolito in order to target different conditions or biomarkers as well as the therapeutic effects of wavelengths at UV ranges (Ferolito, [0086]).
The Russell/Ferolito combination teaches a flexible textile (Russell, Fig. 6-7, see drawing above) having LEDs (Russell, light source 76, Fig. 6-7), covered by a flexible cover layer (Russell, covering 72, Fig. 6-7), but fails to teach a plurality of projections extending from the first side from the cover layer, the plurality of projections configured to maintain a consistent distance between the array of LEDs and a surface to be disinfected, wherein each of the plurality of projections comprises a hollow cavity.
Kim teaches a flexible UV irradiation unit (300, Fig. 1-2 and 4) having a flexible substrate (substrate 201, Fig. 1-2 and 4, where “The substrate 201 may be… a flexible substrate, see p.3, 2nd paragraph of English translation), LEDs housed on the substrate (UV light emitting elements 101, 102, 103, and 104, Fig. 4), with a cover layer (translucent layer 370, Fig. 4) and cavities (C1-4, Fig. 4), thus a “plurality of projections extending from the first side” (convex lens units P1-4 and cavities C1-4 extending from the substrate 201, Fig. 4), configured to maintain a consistent distance between the array of LEDs and a surface to be disinfected (the convex dome-like structure of lens units P1-4 fully has the capability to achieve the functional language of maintaining a consistent distance between the array of LEDs and a surface as the structural limitations are met, see MPEP §2114, II), wherein each of the plurality of projections comprises a hollow cavity (where inner surface 304 defining the cavities are parabolic shaped to reflect incident light in the direction of the convex lens units, p.5, 3rd paragraph of English translation). The motivation of the convex optical dome/cavity assembly is to condense the UV light distribution to a set angle (p.6, 1st paragraph of English translation) and thus optimize the amount of radiation for a given sterilization area (p.7, 2nd paragraph and p.9, 3rd paragraph of English translation).
The Russell/Ferolito combination and Kim are both considered to be analogous to the claimed invention because they are in the same field of flexible substrates having LEDs emitting therapeutic/disinfecting wavelengths.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flexible cover layer of the Russell/Ferolito combination by incorporating a convex lens unit and hollow cavity feature on the cover layer for each of the plurality of the LEDs as taught by Kim in order to condense the UV light distribution to a set angle (Kim, p.6, 1st paragraph of English translation) and thus optimize the amount of radiation for a given sterilization area (Kim, p.7, 2nd paragraph and p.9, 3rd paragraph of English translation).
Regarding claim 18, the Russell/Ferolito/Kim combination teaches wherein each of the plurality of projections comprises a cavity (Kim, convex lens units P1-P4 are cavitated outward with respect to the UV light emitters 101-104, also shown by cavities C1-4, Fig. 4, for the same motivation as claim 14 rejection above).
Regarding claim 22, Russell further teaches a temperature sensor arranged on the flexible substrate and operationally coupled to the processor (temperature sensor 139 on substrate of Fig. 9, coupled to processor/control system 49 of Fig. 3A, where “FIG. 9 is a plan view of a substrate and electronic connections for a plurality of light-generating sources used in an exemplary illuminator of the present invention”, col. 7, lines 1-3), wherein the processor controls the output of radiation based on a temperature signal received from the temperature sensor (“This positioning provides feedback to a control system, such as the control assembly 49 seen in FIG. 3A, regarding the skin contact surface temperature of the illuminator. If the skin contact surface temperature exceeds a predetermined value, such as for example about 110.degree. F., the control system can either shut off power to the light-generating sources and/or increase the cooling flow if an active cooling system is used”, col. 15, lines 21-28). Russell states that the cooling means are to “maintain the exterior surface below a predetermined temperature” (col. 4, lines 40-42).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flexible substrate of the Russell/Ferolito/Kim combination by incorporating a temperature sensor as taught by another embodiment (Fig. 9) of Russell in order to “maintain the exterior surface below a predetermined temperature” (col. 4, lines 40-42).
13. Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Russell (US 6290713 B1), further in view of Ferolito (US 20160129279 A1), further in view of Kim (KR 20200090068 A), as applied to claim 14 above, further in view of Bembridge et al. (US 20140128942 A1, cited in prior office action).
Regarding claim 15, the Russell/Ferolito/Kim combination teaches a flexible textile (Russell, Fig. 6-7, see claim 14 drawing above);
with LEDs arranged on the textile layer (Russell, light sources 76 arranged on substrate layer 84, Fig. 6-7), but fails to teach two textile layers wherein the array of LEDs is arranged between the two textile layers.
Bembridge teaches a phototherapy device (1, Fig. 1-2) having a flexible pad (2, Fig. 1-2) to which “the flexible pad may also be provided with a thermoformed 3D nanosphere® textile which has the advantage of creating a water repellent and easily cleanable surface e.g. for proper hygiene after use of the light-emitting device at the skin” ([0013]) with a light source having a textile base (light source 16, Fig. 2, where “the circular recesses are replaced by conical apertures 6 engaging with light-emitting elements 16 from a light-emitting module 17 at the back of the flexible pad (shown in FIG. 2) such as for example LEDs mounted on an electronic textile”, [0027] and Fig. 2).
The Russell/Ferolito/Kim combination and Bembridge are both considered to be analogous to the claimed invention because they are in the same field of flexible substrates having LEDs emitting therapeutic/disinfecting wavelengths.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the one flexible textile layer housing LEDs emitting UV wavelengths taught by the Russell/Ferolito/Kim combination by incorporating an outer textile layer such as a thermoformed textile as taught by Bembridge in order to create a water repellent and easily cleanable surface after use (Bembridge, [0013]).
Regarding claim 16, the Russell/Ferolito/Kim/Bembridge combination teaches wherein a first textile layer (Russell, substrate layer 84, Fig. 6-7) of the two textile layers (Bembridge, see claim 15 rejection above) defines a plurality of apertures (Russell, apertures/slots for light source 76 to fit on, Fig. 6-7), each of the LEDs in the array of LEDs being arranged within one of the plurality of apertures (Russell, Fig. 6-7).
14. Claims 20 and 23-25 are rejected under 35 U.S.C. 103 as being unpatentable over Russell (US 6290713 B1, cited in prior office action), further in view of Ferolito (US 20160129279 A1, cited in prior office action), further in view of Kim (KR 20200090068 A), as applied to claims 1 and 14 above, further in view of Bettles et al. (US 20140128942 A1, cited in prior office action).
Regarding claim 20, the Russell/Ferolito/Kim combination teaches a flexible textile (Russell, Fig. 6-7, see claim 14 drawings above);
with LEDs (Russell, light sources 76, Fig. 6-7) controlled by a processor operationally coupled to the array of LEDs and configured to control the output of radiation therefrom (Russell, control system 49, Fig. 3A).
Russell further teaches a temperature sensor arranged on the flexible substrate and operationally coupled to the processor (temperature sensor 139 on substrate of Fig. 9, coupled to processor/control system 49 of Fig. 3A, where “FIG. 9 is a plan view of a substrate and electronic connections for a plurality of light-generating sources used in an exemplary illuminator of the present invention”, col. 7, lines 1-3), wherein the processor controls the output of radiation based on a temperature signal received from the temperature sensor (“This positioning provides feedback to a control system, such as the control assembly 49 seen in FIG. 3A, regarding the skin contact surface temperature of the illuminator. If the skin contact surface temperature exceeds a predetermined value, such as for example about 110.degree. F., the control system can either shut off power to the light-generating sources and/or increase the cooling flow if an active cooling system is used”, col. 15, lines 21-28). Russell states that the cooling means are to “maintain the exterior surface below a predetermined temperature” (col. 4, lines 40-42).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flexible substrate of the Russell/Ferolito/Kim combination by incorporating a temperature sensor as taught by another embodiment (Fig. 9) of Russell in order to “maintain the exterior surface below a predetermined temperature” (col. 4, lines 40-42).
The Russell/Ferolito/Kim combination fails to teach a proximity sensor coupled to the processor that deactivates the array of LEDs to stop the output of radiation when the proximity sensor detects a user within a proximity of the proximity sensor; and an image sensor operationally coupled to the processor, wherein the processor: (i) determines a type of pathogen on a surface to be disinfected based on an image signal received from the image sensor, and (ii) controls the output of radiation based on the determined type of pathogen.
Bettles teaches a flexible UV device (Fig. 2), having a flexible substrate (2, Fig. 2), LEDs (UV radiation sources 18, Fig. 2, where “the ultraviolet radiation source 18 can include a high intensity ultraviolet lamp (e.g., a high intensity mercury lamp), an ultraviolet light emitting diode (LED)”, [0027]), and a processing unit (control system 16, Fig. 6, where Fig. 6 is a block diagram for the flexible substrate having a UV system). Bettles further teaches a proximity sensor coupled to the processor (sensing devices 38 coupled to control system 16, Fig. 6) that deactivates the array of LEDs to stop the output of radiation when the proximity sensor detects a user within a proximity of the proximity sensor (sensing device 38, Fig. 6, where “A sensing device 38 can include a sensor and/or a switch 38 to sense that an opening of the enclosure 14 is physically closed before the monitoring and/or control system 16 turns on the ultraviolet radiation source(s) 18.
Furthermore, the sensing device 38 can sense that biological activity is present within the enclosure 14 before the monitoring and/or control system 16 turns on the ultraviolet radiation source(s) 18”, [0042], and “when the sensing device 38 senses that the enclosure 14 is opened and the monitoring and/or control system 16 can be configured to turn off the ultraviolet radiation”, [0047]) in order to “avoid harming the user” ([0035]); and
an image sensor operationally coupled to the processor, wherein the processor: (i) determines a type of pathogen on a surface to be disinfected based on an image signal received from the image sensor(“the sensing devices 38 include at least one of a visual camera or a chemical sensor… For example, when the monitoring and/or control system 16 is operating the ultraviolet radiation source 18, a visual camera and/or a chemical sensor 38 monitoring an interior of the enclosure 14 may be operated to detect the presence of microorganisms. In a specific embodiment, the visual camera 38 comprises a fluorescent optical camera that can detect bacteria and/or viruses that become fluorescent under ultraviolet radiation”, [0044] and Fig. 6, where fluorescing pathogens are a type of pathogen), and
(ii) controls the output of radiation based on the determined type of pathogen in order to detect the presence of microorganisms (“the sensing devices 38 can sense locations of higher levels of biological activity on specific items 8 within the enclosure 14, and the ultraviolet radiation source 18 can be configured by the monitoring and/or control system 16 to direct higher doses (by increasing intensity or exposure), [0045] and Fig. 6), specifically pathogens fluorescing under UV radiation from light sources (18, Fig. 2, see [0044]).
The Russell/Ferolito/Kim combination and Bettles are both considered to be analogous to the claimed invention because they are in the same field of flexible substrates having LEDs emitting therapeutic/disinfecting wavelengths.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the temperature sensor coupled to the control system of the Russell/Ferolito/Kim combination by further incorporating a proximity sensor and an image sensor (i.e., fluorescent optical camera) coupled to the control system/processor as taught by Bettles in order to: one, check to see if the object/surface being disinfected contains fluorescing microorganisms (from UV radiation) and adjust the light sources accordingly (Bettles, [0044-0046]), and two, avoid harming the user (Bettles, [0035]).
Regarding claim 23, the Russell/Ferolito/Kim combination teaches a flexible substrate (Russell, Fig. 6-7, see claim 14 drawing above);
with LEDs (Russell, light sources 76, Fig. 6-7) controlled by a processor (Russell, control system 49, Fig. 3A), but fails to teach a proximity sensor operationally coupled to the processor, wherein the processor deactivates the array of LEDs to stop the output of radiation when the proximity sensor detects a user within a proximity of the proximity sensor.
Bettles teaches a flexible UV device (Fig. 2), having a flexible substrate (2, Fig. 2), LEDs (UV radiation sources 18, Fig. 2, where “the ultraviolet radiation source 18 can include a high intensity ultraviolet lamp (e.g., a high intensity mercury lamp), an ultraviolet light emitting diode (LED)”, [0027]), and a processing unit (control system 16, Fig. 6, where Fig. 6 is a block diagram for the flexible substrate having a UV system). Bettles further teaches a sensing device (sensing device 38, Fig. 6, where “A sensing device 38 can include a sensor and/or a switch 38 to sense that an opening of the enclosure 14 is physically closed before the monitoring and/or control system 16 turns on the ultraviolet radiation source(s) 18.
Furthermore, the sensing device 38 can sense that biological activity is present within the enclosure 14 before the monitoring and/or control system 16 turns on the ultraviolet radiation source(s) 18”, [0042]) on the flexible substrate (2, Fig. 2) in order to “avoid harming the user” ([0035]).
The Russell/Ferolito/Kim combination and Bettles are both considered to be analogous to the claimed invention because they are in the same field of flexible substrates having LEDs emitting therapeutic/disinfecting wavelengths.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flexible substrate of the Russell/Ferolito/Kim combination by incorporating a sensing device such as a proximity sensor as taught by Bettles in order to check to see if the user is not near or in the enclosure (Bettles, [0042]) and to avoid harming the user (Bettles, [0035]).
Regarding claim 24, the Russell/Ferolito/Kim combination teaches a flexible substrate (Russell, Fig. 6-7, see claim 14 drawing above);
with LEDs (Russell, light sources 76, Fig. 6-7) controlled by a processor (Russell, control system 49, Fig. 3A), but fails to teach an image sensor operationally coupled to the processor, wherein the processor determines a type of a surface to be disinfected based on an image signal received from the image sensor.
Bettles teaches a flexible UV device (Fig. 2), having a flexible substrate (2, Fig. 2), LEDs (UV radiation sources 18, Fig. 2, where “the ultraviolet radiation source 18 can include a high intensity ultraviolet lamp (e.g., a high intensity mercury lamp), an ultraviolet light emitting diode (LED)”, [0027]), and a processing unit (control system 16, Fig. 6, where Fig. 6 is a block diagram for the flexible substrate having a UV system). Bettles further teaches an image sensor operationally coupled to the processor (sensing devices 38 coupled to control system 16, Fig. 6), wherein the processor determines a type of a surface to be disinfected based on an image signal received from the image sensor (“the sensing devices 38 include at least one of a visual camera or a chemical sensor… For example, when the monitoring and/or control system 16 is operating the ultraviolet radiation source 18, a visual camera and/or a chemical sensor 38 monitoring an interior of the enclosure 14 may be operated to detect the presence of microorganisms. In a specific embodiment, the visual camera 38 comprises a fluorescent optical camera that can detect bacteria and/or viruses that become fluorescent under ultraviolet radiation”, [0044] and Fig. 6) on the flexible substrate (2, Fig. 2) in order to detect the presence of microorganisms, specifically pathogens fluorescing under UV radiation from light sources (18, Fig. 2, see [0044]).
The Russell/Ferolito/Kim combination and Bettles are both considered to be analogous to the claimed invention because they are in the same field of flexible substrates having LEDs emitting therapeutic/disinfecting wavelengths.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flexible substrate of the Russell/Ferolito/Kim combination by incorporating a sensing device such as an image sensor (i.e., visual camera) as taught by Bettles in order to check to see if the object/surface being disinfected contains microorganisms (Bettles, [0044]).
Regarding claim 25, the Russell/Ferolito/Kim combination teaches a flexible substrate (Russell, substrate as shown in claim 1 or 14 rejection drawing above, Fig. 6-7);
with LEDs (Russell, light sources 76, Fig. 6-7) controlled by a processor (Russell, control system 49, Fig. 3A), but fails to teach an image sensor operationally coupled to the processor, wherein the processor: (i) determines a type of pathogen on a surface to be disinfected based on an image signal received from the image sensor, and (ii) controls the output of radiation based on the determined type of pathogen.
Bettles teaches a flexible UV device (Fig. 2), having a flexible substrate (2, Fig. 2), LEDs (UV radiation sources 18, Fig. 2, where “the ultraviolet radiation source 18 can include a high intensity ultraviolet lamp (e.g., a high intensity mercury lamp), an ultraviolet light emitting diode (LED)”, [0027]), and a processing unit (control system 16, Fig. 6, where Fig. 6 is a block diagram for the flexible substrate having a UV system). Bettles further teaches an image sensor operationally coupled to the processor (sensing devices 38 coupled to control system 16, Fig. 6), wherein the processor: (i) determines a type of pathogen on a surface to be disinfected based on an image signal received from the image sensor (“the sensing devices 38 include at least one of a visual camera or a chemical sensor… For example, when the monitoring and/or control system 16 is operating the ultraviolet radiation source 18, a visual camera and/or a chemical sensor 38 monitoring an interior of the enclosure 14 may be operated to detect the presence of microorganisms. In a specific embodiment, the visual camera 38 comprises a fluorescent optical camera that can detect bacteria and/or viruses that become fluorescent under ultraviolet radiation”, [0044] and Fig. 6, where fluorescing pathogens are a type of pathogen), and
(ii) controls the output of radiation based on the determined type of pathogen in order to detect the presence of microorganisms (“the sensing devices 38 can sense locations of higher levels of biological activity on specific items 8 within the enclosure 14, and the ultraviolet radiation source 18 can be configured by the monitoring and/or control system 16 to direct higher doses (by increasing intensity or exposure), [0045] and Fig. 6), specifically pathogens fluorescing under UV radiation from light sources (18, Fig. 2, see [0044]).
The Russell/Ferolito/Kim combination and Bettles are both considered to be analogous to the claimed invention because they are in the same field of flexible substrates having LEDs emitting therapeutic/disinfecting wavelengths.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flexible substrate of the Russell/Ferolito/Kim combination by incorporating a sensing device such as an image sensor (i.e., fluorescent optical camera) as taught by Bettles in order to check to see if the object/surface being disinfected contains fluorescing microorganisms (from UV radiation) and adjust the light sources accordingly (Bettles, [0044-0046]).
15. Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Russell (US 6290713 B1), further in view of Ferolito (US 20160129279 A1), further in view of Kim (KR 20200090068 A), as applied to claim 14 above, further in view of Quilici (US 20190022263 A1).
Regarding claim 21, the Russell/Ferolito/Kim combination teaches a flexible substrate (Russell, Fig. 6-7, see claim 14 drawing above);
with LEDs (Russell, light sources 76, Fig. 6-7) controlled by a processor (Russell, control system 49, Fig. 3A), but fails to teach wherein the processor controls the output of radiation from the array of LEDs based on the consistent distance between the array of LEDs and a surface to be disinfected.
Quilici teaches a UV luminaire apparatus (100, Fig. 1, via UV LEDs 110, [0005]) having a processor (102, Fig. 1) responsive to inputs from a distance sensor (106, Fig. 1) in order to “calculate and set the radiance level of the disinfecting light source” and thus “achieve a predetermined irradiance of a target surface” ([0019]).
The Russell/Ferolito/Kim combination and UV apparatuses utilizing processors to control radiation output of the LEDs.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the processor of the Russell/Ferolito/Kim combination by incorporating a distance sensor in communication to the processor as taught by Quilici in order to “calculate and set the radiance level of the disinfecting light source” and thus “achieve a predetermined irradiance of a target surface” (Quilici, [0019]).
Conclusion
16. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
17. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Aham Lee whose telephone number is (703)756-5622. The examiner can normally be reached Monday to Thursday, 10:00 AM - 8:00 PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Maris R. Kessel can be reached at (571) 270-7698. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Aham Lee/Examiner, Art Unit 1758
/SEAN E CONLEY/Primary Examiner, Art Unit 1799